25 Aug 2023
CAMPBELL v R [2023] NZCA 396
- Citation
- [2023] NZCA 396
- Court
- Court of Appeal
The Court dismissed the appeal: limited references by the prosecutor to an EVI and to downloaded text messages not produced at trial, and comments about consistency and the defence 'clutching at straws', did not amount to inviting the jury to rely on evidence not before them nor did they reverse the burden of proof; the trial judge's orthodox directions and the substantial admissible evidence of consistency meant no miscarriage of justice occurred; the six‑year starting point and final sentence were within the applicable R v AM sentencing band given the repetitive, invasive nature of the offe…